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BOARD OF DIRECTORS MEETING Thursday, October 5, 2017 MINUTES 1. CALL TO ORDER AND ROLL CALL The Regular Meeting of the Santa Clara Valley Transportation Authority’s (VTA) Board of Directors (Board) was called to order by Chairperson Bruins at 5:32 p.m. in the Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San José, California. 1.1. ROLL CALL Attendee Name Title Status Jeannie Bruins Chairperson Present Larry Carr Board Member Present Cindy Chavez Board Member Present David Cortese Alternate Board Member Absent Dev Davis Alternate Board Member Absent Lan Diep Board Member Present Daniel Harney Alternate Board Member Absent Glenn Hendricks Board Member Present Chappie Jones Board Member Present Johnny Khamis Board Member Present Sam Liccardo Vice Chairperson Present John McAlister Alternate Board Member Present Bob Nunez Alternate Board Member Present Teresa O'Neill Board Member Present Raul Peralez Board Member Present Rob Rennie Alternate Board Member Present Savita Vaidhyanathan Board Member Present Ken Yeager Board Member Absent * Alternates do not serve unless participating as a Member. A quorum was present. 1.2. Orders of the Day Chairperson Bruins stated the following: 1) supplemental memo and letters received for Agenda Item 6.3, 2016 Measure B program Guidelines, are in the reading folder and public binder; 2) staff requested to remove Agenda Item #7.4, Phase II Options for VTA’s BART (Bay Area Rapid Transit) Silicon Valley Extension Project, and Closed Session Agenda Item #9.1.C, Conference with Legal Counsel for an Existing

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BOARD OF DIRECTORS MEETING

Thursday, October 5, 2017

MINUTES

1. CALL TO ORDER AND ROLL CALL

The Regular Meeting of the Santa Clara Valley Transportation Authority’s (VTA) Board of

Directors (Board) was called to order by Chairperson Bruins at 5:32 p.m. in the Board of

Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San José,

California.

1.1. ROLL CALL

Attendee Name Title Status

Jeannie Bruins Chairperson Present

Larry Carr Board Member Present

Cindy Chavez Board Member Present

David Cortese Alternate Board Member Absent

Dev Davis Alternate Board Member Absent

Lan Diep Board Member Present

Daniel Harney Alternate Board Member Absent

Glenn Hendricks Board Member Present

Chappie Jones Board Member Present

Johnny Khamis Board Member Present

Sam Liccardo Vice Chairperson Present

John McAlister Alternate Board Member Present

Bob Nunez Alternate Board Member Present

Teresa O'Neill Board Member Present

Raul Peralez Board Member Present

Rob Rennie Alternate Board Member Present

Savita Vaidhyanathan Board Member Present

Ken Yeager Board Member Absent

* Alternates do not serve unless participating as a Member.

A quorum was present.

1.2. Orders of the Day

Chairperson Bruins stated the following: 1) supplemental memo and letters received

for Agenda Item 6.3, 2016 Measure B program Guidelines, are in the reading folder

and public binder; 2) staff requested to remove Agenda Item #7.4, Phase II Options

for VTA’s BART (Bay Area Rapid Transit) Silicon Valley Extension Project, and

Closed Session Agenda Item #9.1.C, Conference with Legal Counsel for an Existing

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Litigation, from the agenda.

Rob Fabela, General Counsel, referenced Agenda Item 7.4, and noted to ensure

consistency with the California Environmental Quality Act (CEQA), the VTA Board

of Directors’ (Board) decision on the options analyzing the Supplemental

Environmental Impact Statement/Subsequent Environmental Impact Report

(SEIS/SEIR) will be deferred until after the Board has received and reviewed all of the

information pertaining to the SEIR/SEIS.

Nuria I. Fernandez, General Manager and CEO, noted she conferred with BART’s

General Manager, Grace Crunican, and it was agreed that VTA and BART will conduct

a peer review by transit agencies of the single and twin bore tunneling methodologies.

The review will be focused on operations of single bore and an industry peer review of

twin bore construction. Ms. Fernandez briefly discussed next steps and noted that the

Board is scheduled to review and certify the Final SEIS/SEIR and approve the project

at its January 2018 meeting.

Board Member Hendricks requested Agenda Item #6.3, 2016 Measure B program

Guidelines, be removed from the Consent Agenda and placed on the Regular Agenda.

M/S/C (Chavez/Jones) to accept the Orders of the Day.

RESULT: ACCEPTED [UNANIMOUS] – Agenda Item #1.2

MOVER: Cindy Chavez, Board Member

SECONDER: Chappie Jones, Board Member

AYES: Bruins, Chavez, Hendricks, Jones, Khamis, O'Neill, Peralez,

Vaidhyanathan

NOES: None

ABSENT: Carr, Diep, Liccardo, Yeager

Vice Chairperson Liccardo and Board Member Carr arrived

and took their seats at 5:37 p.m.

Board Member Diep arrived and took his seat at 5:38 p.m.

2. AWARDS AND COMMENDATION

2.1. Employees and Supervisor of the Quarter for the Fourth (4th) Quarter of 2017

The Board recognized the following Employees and Supervisor of the 4th quarter:

1) Vimla Daryani, Management Aide in the Operations Analysis, Reporting and

Systems Department; 2) Gagandeep Singh, Transit Radio Dispatcher in the Operations

Control Center; 3) Victor Oseguera, Electro-Mechanic for Light Rail Vehicle

Maintenance; and 4) Lucas Perez, Customer Service Supervisor.

NOTE: M/S/C MEANS MOTION SECONDED AND CARRIED AND, UNLESS OTHERWISE INDICATED,

THE MOTION PASSED UNANIMOUSLY.

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Naunihal Singh, Assistant Superintendent for Service Management, was unable to

attend and was acknowledged as Employee of the Quarter for the 4th Quarter of 2017.

2.2. Commendation for Senator Jim Beall for SB 1

The Board recognized Senator Jim Beall for authoring Senate Bill (SB) 1, the most

significant state transportation measure since the 1980s.

M/S/C (Chavez/Hendricks) to adopt a Resolution of Commendation No. 2017.10.30

for Senator Jim Beall for his work on SB 1.

RESULT: ADOPTED [UNANIMOUS] – Agenda Item #2.2

MOVER: Cindy Chavez, Board Member

SECONDER: Glenn Hendricks, Board Member

AYES: Bruins, Carr, Diep, Chavez, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

3. PUBLIC COMMENT

Roland Lebrun, Interested Citizen, expressed concern about 2016 Measure B and

recommended the following: 1) to put a new Measure B on the ballot by August 2018; and 2)

to conduct an internal audit on 2016 Measure B.

Laura Reeves, Interested Citizen representing EPC Consultants, Inc., expressed concern about

VTA’s Request for Proposal (RFP) process of the Silicon Valley Rapid Transit (SVRT)

project.

Darren Johst, Interested Citizen representing Grocery Outlet, expressed his support for the

West option of the BART station in downtown San Jose.

William MacDonald, Interested Citizen, stated that it was the responsibility of the U.S.

Congress to provide financial support to transportation projects.

Aboubacar Ndiaye, Working Partnerships USA, expressed concern about the North option for

the Diridon BART station.

Adina Levin, Interested Citizen, expressed concern about the North option for the Diridon

BART station. She emphasized the importance of building a station that will have seamless

transfers to different modes of transportation.

James Wightman, Interested Citizen, inquired about the future of light rail, the ongoing fencing

efforts, and the timeline of the SVRT train testing.

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4. PUBLIC HEARINGS

There were no Public Hearings.

5. COMMITTEE REPORTS

5.1. Citizens Advisory Committee (CAC) Chairperson's Report

Citizens Advisory Committee (CAC) Chairperson Wadler provided a brief update on

the evaluation of the Committee’s membership structure. He noted that if changes are

deemed necessary, the CAC bylaws will be submitted to the Board for approval.

5.2. Policy Advisory Committee (PAC) Chairperson’s Report

There was no Policy Advisory Committee report.

5.3. Policy Advisory Board Chairpersons' Report

Chairperson Bruins noted that the Policy Advisory Board Chairperson’s reports were

contained in the Board Members’ reading folders and placed on the public table.

6. CONSENT AGENDA

6.1. Board of Directors Workshop Meeting Minutes of August 25, 2017

M/S/C (Chavez/O’Neill) to approve the Board of Directors Workshop Meeting Minutes

of August 25, 2017.

6.2. Board of Directors Regular Meeting Minutes of September 7, 2017

M/S/C (Chavez/O’Neill) to approve the Board of Directors Regular Meeting Minutes

of September 7, 2017.

6.3. (Removed from the Consent Agenda and placed on the Regular Agenda.)

1) Adopt a Resolution, establishing the 2016 Measure B Program; and 2) adopt the

2016 Measure B Program Category Guidelines.

6.4. Toshiba Air Conditioner Unit Parts

M/S/C (Chavez/O’Neill) to authorize the General Manager to execute a two year firm

fixed price contract with Toshiba International Corporation in the amount of $847,743 to

procure various parts to be used in the Toshiba Heating, Ventilation and Air Conditioner

(HVAC) units for VTA’s light rail vehicles.

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6.5. Paratransit Fleet Procurement

M/S/C (Chavez/O’Neill) to authorize the General Manager to procure up to 64 Class

D Braun Entervan minivans in the amount up to $3,096,104 for Paratransit services

using the State of California purchasing contract for Paratransit vehicles and associated

equipment and services.

6.6. VTA’s BART Extension – Berryessa Extension Project C742 Berryessa Station

Campus Area and Roadways Project Contract Change Order

M/S/C (Chavez/O’Neill) to authorize the General Manager to amend the base

Berryessa Station Campus Area and Roadways (C742) Contract (15002F) with

Graniterock Company (GRC) in the amount up to $3,000,000 resulting in a new total

authorized contract amount of $33,273,671.

6.7. Aldea Services Contract Amendment for VTA’s BART Silicon Valley Phase II

Tunneling Comparative Analysis Risk Assessment

M/S/C (Chavez/O’Neill) to authorize the General Manager to execute a task ordered

contract amendment with Aldea Services, Inc. for an amount not to exceed $422,540

for a total agreement amount not to exceed $985,156. This amendment would finalize

the risk register, with high-level mitigation measures, that was developed for the Phase

II Tunneling Comparative Analysis Risk Assessment, and continue support in the risk

assessment of underground structures in preparation for entry into the Federal Transit

Administration’s New Starts Capital Investment Grant Program’s Engineering Phase.

This amendment would extend Aldea’s contract through December 2018.

6.8. Pedestrian Access to Transit Plan

M/S/C (Chavez, O’Neill) to adopt the Pedestrian Access to Transit Plan.

6.9. Interagency Agreements Policy

M/S/C (Chavez/O’Neill) to adopt the Interagency Agreements Policy.

6.10. Inventory Management and Costing Assessment

M/S/C (Chavez/O’Neill) to review and receive the Auditor General's report on the

Inventory Management and Costing Assessment.

6.11. Scope of work for Annual Financial Audit Services for Fiscal Year 2017

M/S/C (Chavez/O’Neill) to review and receive the scope of work for Annual Financial

Audit Services for Fiscal Year 2017.

6.12. 2000 Measure A Semi-Annual Report Ending June 30, 2017

M/S/C (Chavez/O’Neill) to receive the 2000 Measure A Transit Improvement

Program Semi-Annual Report Ending June 30, 2017.

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6.13. Valley Transportation Plan (VTP) Highway Program Semi-Annual Report Ending

April 30, 2017

M/S/C (Chavez/O’Neill) to receive the Valley Transportation Plan (VTP) Highway

Program Semi-Annual Report Ending April 30, 2017.

6.14. Development Review Quarterly Report for April-June 2017

M/S/C (Chavez/O’Neill) to receive the Development Review Quarterly Report for

April to June 2017.

6.15. Programmed Project Monitoring – Quarterly Report

M/S/C (Chavez/O’Neill) to receive the Programmed Projects Quarterly Monitoring

Report for April - June 2017.

6.16. FY 2017 SR 237 Express Lanes Operational Report

M/S/C (Chavez/O’Neill) to receive Fiscal Year 2017 SR 237 Express Lanes

Operational Report.

6.17. Legislative Update

M/S/C (Chavez/O’Neill) to receive Legislative update.

6.18. Disadvantaged Business Enterprise Contract Availability and Utilization Study

(Disparity Study)

M/S/C (Chavez/O’Neill) to receive a status update on Disadvantaged Business

Enterprise Contract Availability and Utilization Study (Disparity Study).

6.19. Transit Service Changes – October 9, 2017

M/S/C (Chavez/O’Neill) to receive a report on the October 9, 2017 Transit Service

Changes.

RESULT: APPROVED [UNANIMOUS] – Agenda Items 6.1-6.2; and 6.4-6.19

MOVER: Cindy Chavez, Board Member

SECONDER: Teresa O’Neill, Board Member

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

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7. REGULAR AGENDA

Administration and Finance Committee

Agenda Items #7.1, #7.2, and #7.3 were heard together.

7.1. BART Silicon Valley Rapid Transit Program: Program Management Services

Contract No. S03099A Amendment with MM/Bechtel, a joint Venture

7.2. BART Silicon Valley Rapid Transit Program: Construction Management Services

Contract No. S12015F Amendment with PGH Wong Engineering, Inc.

7.3. Program Management Services for VTA’s BART Silicon Valley Phase II Extension

Mr. Fabela referenced Agenda Item #7.3 and reported on the status of the challenge to

the procurement decision.

Public Comment

Mr. Lebrun expressed the following concerns about the Program Management services

for VTA’s BART Silicon Valley Phase II Extension: 1) unsecured funding; 2) undefined

project scope; and 3) negative project history of HNTB/WSP Parsons Brinckerhoff.

Laura Reeves, Interested Citizen representing EPC Consultants, Inc., expressed concern

about the procurement process of the Program Management services for VTA’s BART

Silicon Valley Phase II Extension.

Vice Chairperson Liccardo inquired about the procurement issues raised by Ms. Reeves,

member of the public.

Dennis Ratcliffe, Deputy Director, SVRT/BART Capital Program, explained that the

completed 20 percent design mentioned at the September 22, 2017 VTA Board

Workshop was a characterization of elements on key issues for comparison between the

twin bore and single bore tunneling, and is not a measure of completeness. He noted that

the twin bore has a relatively more advanced design.

Carlos Orellana, Senior Assistant Counsel, noted that HNTB/WSP Parsons Brinckerhoff

only participated on a risk assessment project, and clarified that it has nothing to do with

the procurement process.

Chairperson Bruins noted the Board will vote on Items #7.1 and #7.2 together and Item

#7.3 will be done separately.

M/S/C (Hendricks/Khamis) to authorize the General Manager to execute a contract

amendment with MM/Bechtel, a Joint Venture, for project management services

supporting the Silicon Valley Rapid Transit Program in the amount of $24,125,000 and

increasing the total agreement value to $235,300,000.

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RESULT: APPROVED [UNANIMOUS] – Agenda Items #7.1

MOVER: Glenn Hendricks, Board Member

SECONDER: Johnny Khamis, Board Member

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

M/S/C (Hendricks/Khamis) to authorize the General Manager to execute a contract

amendment with PGH Wong Engineering, Inc. (Wong), for construction management

services supporting the Silicon Valley Berryessa Extension (SVBX) Project in the

amount of $18,475,000; and increasing the total agreement value to $65,600,000.

RESULT: APPROVED [UNANIMOUS] – Agenda Items #7.2

MOVER: Glenn Hendricks, Board Member

SECONDER: Johnny Khamis, Board Member

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

M/S/C (Hendricks/Chavez) to authorize the General Manager to execute a contract with

HNTB/WSP Parsons Brinckerhoff (HNTB+PB), a Joint Venture, in an amount up to

$88,289,000 for a four year period ending in December 2021 to provide Program

Management services for VTA’s BART Silicon Valley Phase II Extension.

RESULT: APPROVED [UNANIMOUS] – Agenda Item 7.3

MOVER: Glenn Hendricks, Board Member

SECONDER: Cindy Chavez, Board Member

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

Board of Directors

7.4. (Removed from the Agenda under Orders of the Day.)

Approve staff recommendation to include Downtown San Jose Station West Option and

Diridon Station North Option in the Recommended Project Description of the Final

Supplemental Environmental Impact statement/Subsequent Environmental Impact

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Report and Final Section 4(f) Evaluation (Final SEIS/SEIR) for Phase II of VTA’s BART

Silicon Valley Extension Project.

6.3. 2016 Measure B Program Category Guidelines

Public Comment

Kerry Yarkin, Interested Citizen, recommended language change on the Caltrain Grade

Separation Guidelines to reflect equal funding distribution between the cities of

Sunnyvale, Mountain View and Palo Alto.

Sheillena Brunston, Interested Citizen representing Amalgamated Transit Union

(ATU) Local 265, expressed concern about the Next Network and noted that VTA

should also establish guidelines to ensure that the community benefits from the

programs of 2016 Measure B.

Victor Oseguera, Interested Citizen representing ATU Local 265, expressed concern

about the success of the Next Network and noted that guidelines should also be present

on the new/innovative transit service models.

Colin Heyne, Silicon Valley Bicycle Coalition, expressed concern about the funding

distribution on Bicycle and Pedestrian guidelines. He recommended allotting funds to

collect data and program monitoring.

Adina Levin, Interested Citizen, noted the following: 1) recommended having a

performance criteria on highway projects; 2) expressed support on Caltrain Grade

Separations; and 3) encouraged partnership with local, regional and state level to

acquire more funding.

John Courtney, Interested Citizen representing ATU 265, noted the importance of the

2016 Measure B Program to improve transit operations.

John McAlister, Interested Citizen and State Route 85 Corridor PAB Chairperson,

requested the guidelines be deferred by the Board, and be revisited by the Technical

Advisory Committee (TAC) and Policy Advisory Committee (PAC).

Aboubacar Ndiaye, Working Partnerships, expressed an interest in working with VTA

to improve transit operations.

Craig Wardrif, Interested Citizen representing ATU Local 265, expressed support for

the Next Network.

Matthew Reed, Interested Citizen, expressed concern that the guidelines does not

stipulate funding to support low income seniors.

Mr. Lebrun recommended that the Board prioritize the Caltrain Grade Separation

Program.

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State Route (SR) 85 Corridor Program Guidelines

Chairperson Bruins stated that the proposed program guidelines for SR85 Corridor will

be deferred to a future Board meeting in response to the timing issue request from the

representatives of the cities of Saratoga, Cupertino, and town of Los Gatos.

M/S/C (Hendricks/Liccardo) to defer adoption of the proposed 2016 Measure B SR85

Corridor Program Guidelines.

RESULT: APPROVED [UNANIMOUS] – Agenda Item #6.3 - Defer adoption

of the proposed 2016 Measure B SR85 Corridor Program Guidelines

MOVER: Glenn Hendricks, Board Member

SECONDER: Sam Liccardo, Vice Chairperson

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

Transit Operations Program Guidelines

Board Member Chavez recommended wording changes to the guidelines.

M/S/C (Chavez/Hendricks) to adopt the 2016 Measure B Transit Operations Program

Category Guidelines, as amended to incorporate names of organizations VTA partners

with on public documents; and 2) to amend the language of the proposed Transit

Operations Program Guidelines by adding the words “that is safe and accountable” on

the third bullet, located on page 1 of 3, to read as follows: “Support new/innovative

transit service models to address first/last mile connections and transit services for the

transit dependent, vulnerable populations and paratransit users that is safe and

accountable.”

RESULT: ADOPTED as AMENDED [UNANIMOUS] – Agenda Item 6.3 –

Transit Operations Program Guidelines

MOVER: Cindy Chavez, Board Member

SECONDER: Glenn Hendricks, Board Member

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

Bicycle and Pedestrian Program Guidelines

Vice Chairperson Liccardo recommended a change to the guidelines.

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M/S/C (Liccardo/Chavez) to adopt the 2016 Measure B Bicycle and Pedestrian

Program Guidelines as amended to include a mandate to have an assessment that would

reconsider allocations for the program.

RESULT: ADOPTED as AMENDED [UNANIMOUS] – Agenda Item 6.3 –

Bicycle and Pedestrian Program Guidelines

MOVER: Sam Liccardo, Vice Chairperson

SECONDER: Cindy Chavez, Board Member

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

Caltrain Grade Separation Program Guidelines

Chairperson Bruins referenced the second bulleted item under the “Distribution”

heading and recommended a language change

Chairperson Bruins also directed staff to meet with representatives from the cities of

Sunnyvale, Mountain View, and Palo Alto to discuss next steps.

M/S/C (Liccardo/Chavez) to adopt the 2016 Measure B Caltrain Grade Separation

Program Guidelines, as amended to include in the second bullet under “distribution” to

read, “Funds will be allocated to projects that most cost effectively utilize Measure B

funding.”

RESULT: ADOPTED as AMENDED [UNANIMOUS] – Agenda Item 6.3 –

Caltrain Grade Separation Program Guidelines

MOVER: Sam Liccardo, Vice Chairperson

SECONDER: Glenn Hendricks, Board Member

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

Local Streets and Roads Program Guidelines

Vice Chairperson Liccardo expressed concern about the baseline calculation of

expenditures and requested it be brought back to the Board for discussion if staff

receives new information.

M/S/C (Liccardo/Khamis) to adopt the 2016 Measure B Local Streets and Roads

Program Guidelines.

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RESULT: ADOPTED [UNANIMOUS] – Agenda Item 6.3 – Local Streets &

Roads Program Guidelines

MOVER: Sam Liccardo, Vice Chairperson

SECONDER: Johnny Khamis, Board Member

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

BART Phase II Guidelines

M/S/C (Hendricks/Carr) to adopt the 2016 Measure B BART Phase II Guidelines.

Caltrain Corridor Capacity Improvements Program Guidelines

M/S/C (Hendricks/Carr) to adopt the 2016 Measure B Caltrain Corridor Capacity

Improvements Program Guidelines.

Highway Interchanges Program Guidelines

M/S/C (Hendricks/Carr) to adopt the 2016 Measure B Highway Interchanges

Program Guidelines.

County Expressways Program Guidelines

M/S/C (Hendricks/Carr) to adopt the 2016 Measure B County Expressways Program

Guidelines.

RESULT: ADOPTED [UNANIMOUS] – Agenda Item 6.3 – BART Phase II,

Caltrain Corridor Capacity Improvements Program Guidelines,

Highway Interchanges Program Guidelines, and County

Expressways Program Guidelines

MOVER: Glenn Hendricks, Board Member

SECONDER: Larry Carr, Board Member

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

Vice Chairperson Liccardo requested to have the topic of excess funds for Measure B

be brought back to the Board in the future for discussion.

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Resolution Establishing the 2016 Measure B Program

Board Member Khamis referenced the Resolution in Attachment #6.3.b. and requested

the language match the language reflected in adopted Resolution No. 2016.06.17.

M/S/C (Khamis/Liccardo) to adopt Resolution No. 2017.10.31, establishing the 2016

Measure B Program, as amended to match the language reflected in adopted Resolution

No. 2016.06.17.

RESULT: ADOPTED as AMENDED [UNANIMOUS] – Agenda Item 6.3 –

Resolution, establishing the 2016 Measure B Program, as amended

MOVER: Johnny Khamis, Board Member

SECONDER: Sam Liccardo, Vice Chairperson

AYES: Bruins, Carr, Chavez, Diep, Hendricks, Jones, Khamis, Liccardo,

O'Neill, Peralez, Vaidhyanathan

NOES: None

ABSENT: Yeager

8. OTHER ITEMS

8.1. General Manager Report

Ms. Fernandez provided a report, highlighting the following: 1) VTA’s Santa Clara

Pedestrian Undercrossing Project was a winner of the Silicon Valley Business Journal’s

Structures Award for 2017, noting the project was the standout project in the public/civic

project category; 2) VTA Access Paratransit office move to Eastridge Loop; 3) VTA

employees donated $8,000 to the American Red Cross to help hurricane victims through the

Employee Giving campaign; and 4) Ridership and Safety & Security statistics were

included in the Board Members reading folders and placed on the public table.

8.1.A. Government Affairs Update

Ms. Fernandez noted the Government Affairs Update was included in the

Board Members’ reading folders and placed on the public table.

On order of Chairperson Bruins and there being no objection, the Board

received the Government Affairs Update.

8.1.B. Silicon Valley Rapid Transit (SVRT Update)

Mr. Ratcliffe provided the following updates: 1) shutdown at the Warm

Springs station due to installation and software testing; and 2) SVRT stations

are scheduled to be completed end of this year.

On order of Chairperson Bruins and there being no objection, the Board

received the Silicon Valley Rapid Transit Update.

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Public Comment

Mr. Wightman requested to receive information on SVRT testing and an

update on light rail.

8.2. Chairperson's Report

Chairperson Bruins indicated that the proposed dates for the 2018 Board meetings were

in the Board Members’ reading folders.

Chairperson Bruins noted that she would be attending the VTA Employees Service

Awards Event on Tuesday, October 10, 2017, at the River Oaks Facility at 11:30 a.m.

and invited the Board Members to attend the event.

8.3. Items of Concern and Referral to Administration

There were no items of Concern and Referral to Administration.

8.4. Unapproved Minutes/Summary Reports from VTA Committees, Joint Powers

Boards (JPB) and Regional Commissions

8.4.A. VTA Standing Committees

Governance and Audit Committee – The September 7, 2017, Minutes were

accepted as contained in the Agenda Packet.

Congestion Management Program & Planning (CMPP) Committee - The

September 21, 2017, Minutes were accepted as contained in the Agenda

Packet.

Administration & Finance (A&F) Committee - The September 21, 2017,

Minutes were accepted as contained in the Agenda Packet.

Safety, Security, and Transit Planning & Operations (SSTP&O) Committee

- The September 22, 2017, Notice of Cancellation was accepted as

contained in the Agenda Packet

8.4.B. VTA Advisory Committees

Technical Advisory Committee (TAC) - The September 13, 2017, Minutes

were accepted as contained in the Agenda Packet.

Citizens Advisory Committee (CAC) and 2000 Measure A Citizens

Watchdog Committee (CWC) - The September 13, 2017, Minutes were

accepted as contained in the Agenda Packet.

Bicycle & Pedestrian Advisory Committee (BPAC) - The

September 13, 2017, Minutes were accepted as contained in the Agenda

Packet.

Committee for Transportation Mobility and Accessibility (CTMA) - The

September 14, 2017, Minutes were accepted as contained in the Agenda

Packet.

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Policy Advisory Committee (PAC) - The September 14, 2017, Notice of

Cancellation was accepted as contained in the Agenda Packet.

8.4.C. VTA Policy Advisory Boards (PAB)

Eastridge to BART Regional Connector PAB (formerly Downtown East

Valley PAB) - The September 14, 2017, Minutes were accepted as

contained in the Agenda Packet.

State Route 85 Corridor PAB - The September 25, 2017, Minutes were

accepted as contained in the Agenda Packet.

Diridon Station Joint Policy Advisory Board - There was no report.

El Camino Real Rapid Transit PAB - There was no report.

8.4.D. Joint Powers Boards and Regional Commissions

Caltrain Peninsula Corridor Joint Powers Board - The October 5, 2017,

Summary Notes were accepted as contained in the reading folder.

Capitol Corridor Joint Powers Authority - There was no report.

Dumbarton Rail Corridor Policy Committee - There was no report.

Metropolitan Transportation Commission (MTC) - There was no report.

Sunol Smart Carpool Lane Joint Powers Authority - There was no report.

Sunol SR 152 Mobility Partnership - There was no report.

8.5. ANNOUNCEMENTS

There were no Announcements.

9. CLOSED SESSION

9.1. Recess to Closed Session at 7:28 p.m.

A. Conference with Legal Counsel - Existing Litigation

[Government Code Section 54956.9(d)(1)]

Claim of the Estate of Lawrence Thompson, Claim No. 1893575

B. Conference with Legal Counsel - Existing Litigation

[Government Code Section 54956.9(d)(1)]

Name of Case: Santa Clara Valley Transportation Authority v. Mayfield

Homeowners Association, et al.

(Alameda County Superior Court Case No.: RG 16839610)

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C. (Removed from the Agenda under Orders of the Day.)

Conference with Legal Counsel - Existing Litigation

[Government Code Section 54956.9(d)(1)]

Name of Case: Praneeth Gone v. Santa Clara Valley Transportation Authority

(Santa Clara County Superior Court Case No.: 110CV173570)

D. Conference with Legal Counsel - Anticipated Litigation

Significant Exposure to Litigation

[Gov’t Code Section 54956(d)(2)]

No. of Potential Cases: 1

E. Conference with Legal Counsel - Anticipated Litigation

Initiation of Litigation

[Gov’t Code Section 54956(d)(4)]

No. of Potential Cases: 1

9.2. Reconvene to Open Session at 8:25 p.m.

9.3. Closed Session Report

A. Conference with Legal Counsel - Existing Litigation

[Government Code Section 54956.9(d)(1)]

Claim of the Estate of Lawrence Thompson, Claim No. 1893575

Mr. Fabela noted no reportable action was taken during Closed Session.

B. Conference with Legal Counsel - Existing Litigation

[Government Code Section 54956.9(d)(1)]

Name of Case: Santa Clara Valley Transportation Authority v. Mayfield

Homeowners Association, et al.

(Alameda County Superior Court Case No.: RG 16839610)

Mr. Fabela noted no reportable action was taken during Closed Session.

D. Conference with Legal Counsel - Anticipated Litigation

Significant Exposure to Litigation

[Gov’t Code Section 54956(d)(2)]

No. of Potential Cases: 1

Mr. Fabela noted no reportable action was taken during Closed Session.

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E. Conference with Legal Counsel - Anticipated Litigation

Initiation of Litigation

[Gov’t Code Section 54956(d)(4)]

No. of Potential Cases: 1

Mr. Fabela noted no reportable action was taken during Closed Session.

10. ADJOURNMENT

On order of Chairperson Bruins and there being no objection, the meeting was adjourned

at 8:26 p.m.

Respectfully submitted,

Michael Diaresco, Board Assistant

VTA Office of the Board Secretary